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SHIVAJI PANDEY
Ajab Lal Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
1. Heard learned counsel for the parties.
2. In this case, the petitioner is challenging the order contained in Memo No. 307 dated 20.2.2015 passed by the Sub-Divisional Officer, Banka, whereby and where under, the license of the Fair Price Shop bearing No. 01/09 has been canceled assigning reason that at the time of joint inspection, the shop was found closed. The petitioner filed an appeal being Appeal Case No. 132 of 2015-16 before the Collector, Banka but, the same was rejected by the appellate authority vide order dated 18.5.2018 and claiming that both the orders suffer from irregularity, requires interference of this Court.
3. Learned counsel for the petitioner submits that on the particular date of inspection i.e. on 3.2.2015, the shop was found closed and the same cannot be treated gross irregularity which would entail the cancellation of the license.
4. The short fact of this case is that the petitioner is a license holder for running Fair Price Shop issued under the Bihar Fair Price Shop Order, 2007. The Block Development Officer, Banka made a joint inspection on 3.2.2015 and found the shop closed without any intimation or displaying in the notice board. A show-cau
Fair price shop licenses cannot be cancelled without conducting a proper inquiry and adhering to principles of natural justice, including providing a show cause notice and opportunity to respond.
The legal principle established confirms that factual discrepancies in operation of licensed entities under statutory control are grounds for license cancellation.
License of fair price shop was cancelled only on the ground of lodging of FIR as well as pendency of criminal case. Apart from that there is no allegation with regard to black marketing or misuse of ....
The cancellation of a fair price shop licence without granting a personal hearing violates the principle of natural justice under Article 14 of the Constitution.
A complainant has no right to file a revision petition under section 22A of the Rajasthan Foodgrains & Other Essential Articles (Regulations of Distribution) Order, 1976.
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